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(영문) 춘천지방법원 영월지원 2017.03.21 2016고단539
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree, and a person who intends to fell standing timber in a forest shall obtain permission from the head of the relevant Si/Gun/Gu or the head of the relevant local forest agency as prescribed by Ordinance of the Ministry of Agriculture and Forestry, and a person who intends to change the form

Nevertheless, on May 2016, the Defendant cut 115,320 square meters in total, and changed the form and quality of land equivalent to about 4,101 square meters in depth from about 60 cm during the construction of the said site by cutting approximately KRW 60 m2,00 in depth to about 115,320 square meters in total, and 1.65 square meters in total, and cutting down 10 m2,000 square meters in a building site for growing sweak mushrooms, without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made with respect to G and H;

1. A report on investigation;

1. A survey report on each actual condition;

1. Data on the comparison of airlines by year of an area exclusively used for an illegal mountainous district;

1. A review of the current status of forest damage;

1. Application of statutes to the assessment of expenses for recovery;

1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Act, Article 74 (1) 3, Article 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber) and Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the same Act concerning the facts constituting the relevant crime (unauthorized use of a mountainous district);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violation of the Management of Mountainous Districts Act and the crimes of violation of the National Land Planning and Utilization Act and the punishment prescribed on the crimes of violation of the Management of Mountainous Districts of which punishment is heavier);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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